I have tried to take some deep breaths...thank you.
I can't find any guidelines for the state of NC - the are a "best interest of the child" state and unless I am missing them there is not a starting point.
He did not sign the AOP or birth certificate as he had previously requested a DNA test and I feel he should have the test done so there is no "doubt" down the road as to who his Father is. I don't want him coming back and saying "If he is even mine..." when he gets upset about something and I would never want him to say something like that to the baby. He is also furious that I want to hyphenate the baby's last name - he wants the baby to have his grandfather's middle name (which he does) and only his family last name.
When I asked him to go so I could sleep-it was not a desire to limit his contact with the baby. As I said - I had him there within 12 hours of his birth and welcomed him back the next day. Given that we are not a couple - I didn't feel comfortable with him sitting there while I was sleeping, having nurses checking me, and trying to calm down as I was very upset as a urologist had just been in dicussing surgery the baby may have upcoming in the next few months. I didn't mind him being there it was just all a bit much with pain, emotional upset, etc. I was less than 24 hours out of surgery and giving birth...
The plan we had agreed to was not filed with the court. We had agreed to it on our own and said we would file it with the court after the baby was born.
Ok - I am trying to take a deep breath and be calm. I know he will have time with the baby and I don't mind that at all...I just want to be sure everyone is protected and everything is clear and know what to expect down the road...
Thank you...
There are rules he must follow:
# North Carolina does not give parents preference based on gender during a custody dispute, and therefore fathers have equal rights to child custody. When the parents are not married, however, fathers can only exercise their rights after paternity is established. Custody is then determined after mediation or by the "best interests of the child" standard.
Paternity
# North Carolina law requires that paternity be established before an unmarried father can seek custody of his child. If a man accepts that he is a child's father, he and the mother can sign a Declaration of Paternity. If paternity is in dispute and a suit is filed, North Carolina law requires that a paternity be established by "preponderance of the evidence," meaning that it is "more likely than not" that the man is the child's father. Paternity in dispute is established by genetic testing. DNA tests compare the man's DNA to the child's to determine if they are biologically related. If it is definitively established that the man is the child's biological father, he can request custody and visitation and may also be required to provide financial support for the child.
Child Custody
# If a man is a child's legal father because he was married to the child's mother when the child was born, or if the parents were unmarried and paternity has been established, mothers and fathers have equal rights to their children when custody is in dispute. Regardless of the child's gender, North Carolina does not allow its courts to give preference to mothers or fathers.
Mediation
# North Carolina prefers that parents reach their own custody agreement. State law requires mediation to assist parents in reaching an agreement. However, mediation is not used if there was domestic abuse or child abuse, or if either parent abuses alcohol or drugs or suffers from psychological and emotional problems. Mediation sessions are private and cannot be used against either parent in court if mediation fails and a judge must decide custody.
"Best Interests of the Child" Standard
# If parents cannot agree on custody and mediation fails, a North Carolina judge determines custody using the "best interests of the child" standard. The parents' conduct and behavior is examined through a court evaluation. Evaluations are conducted by a non-biased third party to assist the court in determining each parent's fitness to care for the child. Other factors considered include the child's preference; the environment each parent can offer the child; each parent's financial circumstances; each parent's emotional, mental and physical health; and each parent's moral conduct and behavior.
Read more: Rules for Fathers Fighting for Child Custody in North Carolina | eHow.com
Rules for Fathers Fighting for Child Custody in North Carolina | eHow.com